Create a Louisiana Non-Disclosure Agreement with our customizable template!
A Louisiana non-disclosure agreement (NDA) is more commonly known as a confidentiality agreement. While Louisiana non-disclosure agreements are used to protect trade secrets and confidential information, it's important to note that Louisiana law states if it is information that an employee or contractor can recall the information from memory, it will not be covered under a non-disclosure agreement.
Before creating an NDA for your business or signing an NDA that is presented to you, you should first seek legal advice from a qualified law firm. Legal forms such as NDAs often contain sensitive information that could impact your legal rights in some way. A lawyer can guide you to ensure that you understand what the document says and how it functions.
Non-disclosure agreements are governed by Louisiana’s Uniform Trade Secrets Act, LA Rev Stat § 51:1431 .
Recent rulings have held that information that an employee or independent contractor can recall from memory is not considered to be a trade secret or confidential information for a business. Because of this, a business must do everything it can to protect its processes and procedures. In addition to using an NDA, a business should use a Louisiana non-compete agreement to provide an extra level of protection.
According to Louisiana’s Uniform Trade Secrets Act , something is considered a “trade secret” (which means it may be eligible for protection with an NDA) if it is information such as a formula, pattern, compilation, program, device, method, technique, or process that has its own potential or actual monetary value. It may not be information that is generally available to the public or something easy for another business to figure out. A business must also take reasonable steps to make sure that the information being held out as a trade secret is actually kept secret.
To write a basic Louisiana non-disclosure agreement, you should first read Louisiana's Uniform Trade Secrets Act. Although this can help you better understand the parameters of an NDA, it is no substitute for legal advice from a qualified law firm. A qualified law firm can help ensure that your agreement protects your trade secrets and has the best possible chance of protecting you in court.
Do keep in mind that an NDA does not cover any information that can be memorized.
You can save your template in Microsoft Word (.doc.x) for easy editing.
At the end of the agreement, there should be space for the parties to sign and print their name, list their titles according to the agreement (Disclosing Party and Receiving Party), and to date the document. Each party should receive a copy of the finalized document for their records.
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